The nature and properties of the Constitution

Representatives from various law schools in different ways characterize the essence of the constitution. School of natural law sees it as a kind of social contract, normativisty - the higher, the basic rule, institutionalists - the statute is not only the state but also the corporate organization of society as a whole, Marxism-Leninism - the product of class struggle and consolidate its results.

In modern science, the Constitution not only considered as legal, but also as a political and ideological document.

Her identity as a legal document (in this case, it is not a social nature) is the qualities that have been noted above in the definition of the constitution: in particular its content (the subject of regulation), its highest legal force, the role of the constitution as the legal basis of the current legislation in increased stability, which is associated with the procedure of its adoption and the changes that differ from the normal legislative process.

Some of these qualities that characterize different aspects of nature are called properties of the constitution. Sometimes add other properties: a high degree of generalization in comparison with other legal acts, comprehensive constitution as a legal document, its importance as a legal framework legislation, etc. In some countries, however, there are deviations from these signs.

Sometimes the constitution regulate not only the basics of social and political system, but also the minor details (eg, Art. 25 bis of the Swiss Constitution in 1874 prohibits the slaughter cattle and bleed without his stun). Along with the exceptional stability of some constitutions (U.S. Constitution operates more than 200 years, with only 27 amendments) the fundamental laws of some countries in Asia, Africa and Latin America are subject to frequent changes: After numerous military coups generally accepted the new constitution (in Thailand was replaced by a dozen constitutions Venezuela - 30 etc.).

Higher validity of the constitution partly recognized in the countries where it is composed of customary law, because (in Sweden, for example) is that they are more powerful than the law, even though the constitution of some developing countries allow "violates the constitutional law" - adoption of emergency legislation (usually 2/3 vote of the parliament), which are incompatible with the constitution, but take precedence over the provisions thereof (Sri Lanka, Jamaica, etc.).

Such laws shall be adopted in emergency situations when you need to quickly respond to the situation without resorting to lengthy procedure to change the constitution.

As a political document constitution establishes the relation of social forces in society, their struggle and cooperation, the compromise, and sometimes, on the contrary - the domination of certain sectors of the population, or military-political groups (the latter primarily refers to the interim constitution adopted by military coups) to regulate the political process in a society. The Constitution reflects the degree of perception of human values in the society of the country, contains, albeit in different degrees, the program provisions about the development of the society.

These qualities are not receiving their expression in a separate article, and in the content of the basic law, primarily secured by the Constitution relations of social forces in society which, through struggle and cooperation come to a consensus on key constitutional issues of social and political system, cause social nature of the constitution.

From this point of view it is possible to distinguish in foreign countries, some types of constitutions: the basic laws that reflect the influence of feudal lords - the constitution semi-feudal-theocratic nature of (Bahrain, Brunei, Kuwait, UAE, etc.) of the Constitution, proclaiming the protection of the interests of workers - the socialist constitution ( Vietnam, China, etc.), the constitution of capitalist society (the USA), the post-socialist constitution (Bulgaria, Hungary, Ukraine, etc.). Many constitutions, especially those enacted in the last decade, reflect the processes of development of modern civilization, characterized by the introduction of a capitalist society the elements of socialism (Italy, Portugal, etc.), and socialism - the elements of capitalism (China, etc.).

As an ideological document constitution in concentrated form reflects the dominant society or adopted by its governing forces of social and political doctrine, a certain worldview. Sometimes provisions adopted ideology directly enshrined in the constitution (the ideas of Marxism-Leninism and Mao Zedong in the Chinese constitution in 1982, the values of Islam in the constitution of Algeria in 1996, the ideology of mobutizma - on their own behalf of President Mobutu - the Constitution of Zaire in 1980, Pancha Is Power in